Summary of State Speed Laws - NHTSA

Summary of State Speed Laws - NHTSA Summary of State Speed Laws - NHTSA

07.04.2013 Views

Commercial Motor Vehicle (CMV) Operators 395 : §1313.5 Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations" 396 within a 3-year period or (2) commits 3 such violations within a 3-year period. Title 47, §6-205.2(F) Period of Disqualification: Two serious violations (within 3 years) — 60 days; three serious violations (within 3 years) — 120 days. Title 47, §6- 205.2(F) Period of Mandatory Disqualification: Two serious violations (within 3 years) — 60 days; three serious violations (within 3 years) — 120 days. Title 47, §6- 205.2(F) 395 A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of ≥26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. Title 47, §§1- 107.1, 1-107.2 and 1-107.3 396 A "serious traffic violation" includes exceeding the speed limit by 15 or more mph or reckless driving. Title 47, §6- 205.2(F)(1) and (2) SPEED 2005 212

JURISDICTION: OREGON This chapter summarizes Oregon State statutes related to speed. General Reference: Oregon Revised Statutes and Oregon Administrative Rules (OAR) Basis for a Speed Law Violation: Basic Speed Rule: A person commits an offense if he/she drives a vehicle at a speed greater than is reasonable and prudent, having due regard to all of the following: the traffic; the surface and width of the highway; the hazard at intersections; weather; visibility; and, other conditions then existing. 397 §811.100(1) Statutory Speed Limit: It is prima facie evidence of a violation of the basic speed rule to exceed the following speed limits (§811.100(2)(c)): See Other below. A) 65 mph on rural interstate highways §§811.105(2)(f), 811.112(1) and 811.123(1)(f) B) 55 mph on other highways §811.105(2)(g) and 811.123(1)(g) C) 25 mph in a public park §811.105(2)(d) and 811.123(1)(d) D) 25 mph in a residential district if the district is not located within a city or urban growth boundary that is a county with a population >100,000 and the highway is neither an arterial nor a collector highway §§811.105(2)(e) and 811.123(1)(e) E) 25 mph on the ocean shore §811.120(1)(b) F) 20 mph in a school zone 398 §811.105(2)(c) and 811.123(1)(c) G) 20 mph in a business district §811.105(2)(b) and 811.123(1)(b) H) 15 mph in an alley §811.105(2)(a) and 811.123(1)(a) Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Department of Transportation may increase or decrease the above prima facie speed limits on highways outside an urban area. §810.180(7) 399 II. The State Department of Transportation may "supersede" the maximum statutory speed limits (§811.123) for highways in an urban area where such speed limits are not reasonable or safe. §810.180(10) 397 The basic speed rule does not authorize speed limits in excess of the maximum speed limits. §811.108 398 This speed limit only applies when "children are present" or a flashing light indicates that children may be arriving or leaving a school. §§811.105(2)(c)(A) and (B) and 811.123(1)(c)(A) and (B) "[C]hildren are present at any time and on any day when children are in a place where they are or can reasonably be expected to be visible to a person operating a motor vehicle that is passing a school ground or a school crosswalk." §811.124 399 Under other provisions, the State Department of Transportation may designate a safe speed on the highways by regulation. This authority may be delegated to local governments for low volume highways or roads which are not hard surfaced. §810.180(8)(a) 213 SPEED 2005

Commercial Motor Vehicle (CMV) Operators 395 : §1313.5<br />

Grounds for Disqualification: A person is disqualified from operating a CMV if while<br />

driving such a vehicle he/she either (1) commits 2 "serious<br />

traffic violations" 396 within a 3-year period or (2) commits 3<br />

such violations within a 3-year period. Title 47, §6-205.2(F)<br />

Period <strong>of</strong> Disqualification: Two serious violations (within 3 years) — 60 days; three<br />

serious violations (within 3 years) — 120 days. Title 47, §6-<br />

205.2(F)<br />

Period <strong>of</strong> Mandatory Disqualification: Two serious violations (within 3 years) — 60 days; three<br />

serious violations (within 3 years) — 120 days. Title 47, §6-<br />

205.2(F)<br />

395<br />

A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle.<br />

A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross<br />

vehicle weight <strong>of</strong> ≥26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which<br />

requires that the vehicle be placarded in accordance with U.S. Department <strong>of</strong> Transportation regulations. Title 47, §§1-<br />

107.1, 1-107.2 and 1-107.3<br />

396<br />

A "serious traffic violation" includes exceeding the speed limit by 15 or more mph or reckless driving. Title 47, §6-<br />

205.2(F)(1) and (2)<br />

SPEED 2005<br />

212

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!